Introduction to Design Pro Contracts
Indemnification 1 (contractual liability)
Indemnification 2 (Can it be Insured?)
Indemnification 3 - (Beware In Whole or in Part)
Indemnification 4 - (Problem of Duty to Defend)
Indemnification 5 (make it for 3rd party claims only)
Limitation of Liability
Standard of Care (Short discussion)
Advertising
ADA and Compliance with Law
As-Built Drawings
Certifications
Changes - Additional Services
Compliance with Laws & Codes (design professional contracts terms and conditions)
Cost Estimates Exceeded (design professional contracts terms and conditions)
Dispute Resolution (design professional contracts terms and conditions)
Electronic Documents (design professional contracts terms and conditions)
Green Design (LEED) (design professional contracts terms and conditions)
Incorporation by Reference (design professional contracts terms and conditions)
Consequential Damages Waiver (design professional contracts terms and conditions)
Inspection-Site Observation (design professional contracts terms and conditions)
Owner Responsibilities (design professional contracts terms and conditions)
Ownership & Copyright of Documents (design professional contracts terms and conditions)
Payment Provisions (design professional contracts terms and conditions)
Permits (design professional contracts terms and conditions)
Redesign to Meet Budget (design professional contracts terms and conditions)
Rejection of Construction Work (design professional contracts terms and conditions)
Reliance on Owner Provided Data (design professional contracts terms and conditions)
Responsibility for Coordination of Other Consultants (design professional contracts)
Right of Entry & Easements (design professional contracts)
RFI Response Time (design professional contracts)
Scope of Services (design professional contracts)
Severability (design professional contracts)
Shop Drawing Review or Approval (design professional contracts)
Site Safety Responsibility (design professional contracts)
Standard of Care (a longer discussion)
Substitutions of Equipment (design professional contracts)
Termination (design professional contracts)
Third Party Beneficiaries (design professional contracts)
Time Limit for Litigation (design professional contracts)
Utilities (design professional contracts)
Warranties (design professional contracts)
Indemnification Litigation
Preliminary Design - Standard of Care
Design Professional Contracts
1 Minute Construction Risk Management Video Series
Kent Holland created this series of short videos to provide risk management and contract drafting tips for design professional contracts. Each video is one to two minutes in length. At the conclusion of each video, the next one will start automatically. Or you can jump to a different clause of your choice. The clauses covered include:
- Indemnification
- Limitation of Liability
- Standard of Care (short discussion)
- Advertising
- Americans with Disabilities Act
- As-Built Drawings
- Certifications
- Changes – Additional Services
- Green Design (LEED)
- Incorporation by Reference (Prime Flow Down)
- Consequential Damages Waiver
- Inspection – Site Observation
- Owner Responsibilities
- Ownership & Copyright
- Payment Provisions
- Permits
- Redesign to Meet Budget
- Rejection of Construction Work
- Reliance on Owner Provided Data
- Responsibility for Coordination of Other Consultants
- Right of Entry & Easements
- RFI Responses
- Scope of Services
- Severability
- Shop Drawings
- Site Safety
- Standard of Care (longer discussion)
- Substitutions of Equipment
- Termination
- Third Party Beneficiaries
- Time Limit of Litigation
- Utilities
- Warranties